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ENVIRONMENTAL LAW

01.03.2021. Decision on Ancillary Complaint of the Department of Administrative Cases, case No SKA-645/2021 Participation rights of public and rights of the public to submit an application to court related to the spatial development planning; The need for the development of detailed plan to rearrange infrastructure of the construction plan; Conclusion on need for a public consultation and detailed plan at the admissibility stage of the application to the court

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08.04.2021. Judgment of the Department of Administrative Cases, case No SKA-586/2021 Meaning of the principle of sustainability in spatial development planning; Compliance with principle of mutual coherence and compliance with the objectives of the spatial planning in issuance process of the building permit

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23.03.2021. Judgment of the Department of Administrative Cases, case No SKA-381/2021 Obligation of public to show an interest of participation on the environmental impact assessment process; Public involvement in the environmental impact assessment process and content of published notification on intended action; Assessment of annulment of the contested decision, if the environmental impact has been properly inspected and evaluated

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17.05.2021. Judgment of the Department of Administrative Cases, case No SKA-174/2021 Separation of the competence of the local government and the Cabinet of Ministers in the environmental impact assessment; Prohibition of sub-division of the intended activity into several activities; Assessment of the infringement of the property rights in the area impacted by intended activity

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17.05.2021. Judgment of the Department of Administrative Cases, case No SKA-174/2021 Separation of the competence of the local government and the Cabinet of Ministers in the environmental impact assessment; Prohibition of sub-division of the intended activity into several activities; Assessment of the infringement of the property rights in the area impacted by intended activity

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17.05.2021. Judgment of the Department of Administrative Cases, case No SKA-174/2021 Separation of the competence of the local government and the Cabinet of Ministers in the environmental impact assessment; Prohibition of sub-division of the intended activity into several activities; Assessment of the infringement of the property rights in the area impacted by intended activity

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19.10.2020. Decision on Ancillary Complaint of the Department of Administrative Cases, case No SKA-1488/2020 Examination of the determination of the micro-reserve buffer zone in the administrative court

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29.09.2020. Decision on Ancillary Complaint of the Department of Administrative Cases, case No SKA-1399/2020 Legal nature of the local government decision to dispose the immovable property; Infringement or threat to the environment as a decisive criterion in deciding on the admissibility of an application submitted for environmental protection

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28.05.2020. Decision on Ancillary Complain of the Department of Administrative Cases, case No SKA-1043/2020 Competence of the State Environmental Service and state environmental inspectors in the field of waste management

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28.04.2020. Decision on Ancillary Complain of the Department of Administrative Cases, case No SKA-964/2020 Legal nature of the decision of the State Environmental Service on responsible operator

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29.09.2020. Judgment of the Department of Administrative Cases, case No SKA-631/2020 Responsible person for the transfer of illegally placed waste to the operator

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30.11.2020. Judgment of the Department of Administrative Cases, case No SKA-379/2020 Partition of land in protected natural area (nature reserve)

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10.07.2020. Judgment of the Department of Administrative Cases, case No SKA-317/2020 Disputation of the location of the railway infrastructure line of Rail Baltica route sections; Inclusion of economic considerations in the environmental impact assessment and the limits of such action; Application in the interests of the environment

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10.07.2020. Judgment of the Department of Administrative Cases, case No SKA-317/2020 Disputation of the location of the railway infrastructure line of Rail Baltica route sections; Inclusion of economic considerations in the environmental impact assessment and the limits of such action; Application in the interests of the environment

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02.12.2020. Judgment of the Department of Administrative Cases, case No SKA-314/2020 Right of a private person to environmental information; Legal nature of environmental information

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02.12.2020. Judgment of the Department of Administrative Cases, case No SKA-314/2020 Right of a private person to environmental information; Legal nature of environmental information

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20.11.2020. Judgment of the Department of Administrative Cases, case No SKA-275/2020 Aspects to be assessed in examination of the admissibility of tree logging in the city

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14.07.2020. Judgment of the Department of Administrative Cases, case No SKA-243/2020 An element of a protected legitimate expectations – statement by the institution which may give rise to a reasonable trust; Implementation of the Financial Instrument for Climate Change; State freedom of action in deciding what kind of projects to allocate the funds of the Financial Instrument for Climate Change; Interpretation of the term „territory” within the meaning of Sub-paragraph 8.1. of the Cabinet of Ministers Regulation No 559 of 14 August 2012, „Regulations for the public tender for projects financed by the Financial Instrument for Climate Change „Complex solutions to reduce greenhouse gas emissions””

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14.07.2020. Judgment of the Department of Administrative Cases, case No SKA-243/2020 An element of a protected legitimate expectations – statement by the institution which may give rise to a reasonable trust; Implementation of the Financial Instrument for Climate Change; State freedom of action in deciding what kind of projects to allocate the funds of the Financial Instrument for Climate Change; Interpretation of the term „territory” within the meaning of Sub-paragraph 8.1. of the Cabinet of Ministers Regulation No 559 of 14 August 2012, „Regulations for the public tender for projects financed by the Financial Instrument for Climate Change „Complex solutions to reduce greenhouse gas emissions””

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30.04.2020. Judgment of the Department of Administrative Cases, case No SKA-232/2020 Hazard tree as a precondition for the removal of a tree in the railway infrastructure protection zone without permission of the municipality

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09.07.2020. Judgment of the Department of Administrative Cases, case No SKA-153/2020 Procedure for establishing a micro-reserve (protected area) and the obligation to balance the interests of the involved parties

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27.02.2020. Judgment of the Department of Administrative Cases, case No SKA-118/2020 Content of the prohibition to divide the intended activities contained in Article 3(7) of the Law On Environmental Impact Assessment

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28.04.2020. Judgment of the Department of Administrative Cases, case No SKA-91/2020 Regulation on allowed pollution and right of the municipality to prohibit in the territorial planning certain pollutive actions; Right of the municipality to regulate nature protection in the territories of ports; Proportionality test of a decision

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28.04.2020. Judgment of the Department of Administrative Cases, case No SKA-91/2020 Regulation on allowed pollution and right of the municipality to prohibit in the territorial planning certain pollutive actions; Right of the municipality to regulate nature protection in the territories of ports; Proportionality test of a decision

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15.05.2020. Judgment of the Department of Administrative Cases, case No SKA-67/2020 Issuance of a greenhouse gas emissions permit; Principle of the totalization of operators operating equipment capacity

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15.05.2020. Judgment of the Department of Administrative Cases, case No SKA-67/2020 Issuance of a greenhouse gas emissions permit; Principle of the totalization of operators operating equipment capacity

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31.05.2019. Decision on Ancillary Complain of the Department of Administrative Cases, case No SKA-1161/2019 Subjective right of the owner of a plot of land to request to impose on waste creator the duty to hand over the waste to the waste manager

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22.11.2019. Judgment of the Department of Administrative Cases, case No SKA-932/2019 Power line routes cleaning and compensation for damage to natural diversity

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18.03.2019. Judgment of the Department of Administrative Cases, case No SKA-246/2019 Interpretation of the criteria „local government spatial development planning documents in existing building areas with built infrastructure” in establishment of protected zones

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17.12.2019. Judgment of the Department of Administrative Cases, case No SKA-1/2019 Restrictions on the alienation of immovable property in the coastal dunes or beach owned by the local government; Separation of a claim regarding changes to a civil law contract or records in the Land Register and the revocation/recognition of an administrative act as illegal; Subjective right to submit an application for environmental protection; Principle of res judicata and deviation from it; Circumstances and limitations to be taken into account in terms of the termination of joint ownership

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23.08.2018. Decision on Ancillary Complain of the Department of Administrative Cases, case No SKA-1475/2018 Assessment of the subjective criterion when applying a temporary protection measure in the environmental protection case (concerning the noise of the race track)

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23.04.2018. Decision on Ancillary Complain of the Department of Administrative Cases, case No SKA-989/2018 Subjective right of a person to appeal a contract governed by public law; Cultural heritage is part of a claim for environmental protection

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26.01.2018. Decision on Ancillary Complain of the Department of Administrative Cases, case No SKA-757/2018 Public participation rights and submission of an application to provide protection of environmental interests

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07.05.2018. Judgment of the Department of Administrative Cases, case No SKA-356/2018 Participation rights of the public in environmental protection

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27.06.2018. Judgment of the Department of Administrative Cases, case No SKA-195/2018 Interpretation of the term „tree felling” of Section 8, Paragraph two of the Law on Forests

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20.06.2018. Judgment of the Department of Administrative Cases, case No SKA-170/2018 Environmental hazard factors in fixing up an individual sewage systems; Municipality autonomous function in the organization of water management service

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27.02.2017. Decision of the Department of Administrative Cases, case No SKA-873/2017 The decision of the State Environmental Service to fixate disturbing odour and to delegate operator of pollution to submit observations and to make odour measurements is provisional decision, which is not reviewed in accordance with administrative procedure

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20.12.2017. Judgment of the Department of Administrative Cases, case No SKA-236/2017 Nature of environmental impact assessment

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28.04.2017. Judgement of the Department of Administrative Cases, case No SKA-53/2017 Proportionality of operator’s role to make instrumental measurements once a year within pollution sources owed by him in order to determine total amount of air pollutants emission

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16.02.2017. Judgment of the Department of Administrative Cases, case No SKA-27/2017 Information that need to be included in an odour emission limit project; The odour nuisance value that need to be applied; The average value of concentration of benzol in solvent used in calculations of the spread of polluting substances; The duty of the operator to provide information opposite initiative of an institution that is required of accepting administrative act (the principle of objective investigation and the principle of good administration)

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07.11.2016. Decision of the Department of Administrative Cases, case No SKA-1318/2016 Subjective right of a person to be heard by a court in case there has been damage or there is a risk of damage for the environment

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20.09.2016. Judgement of the Department of Administrative Cases, case No SKA-943/2016  The need for Cabinet order in case of establishment of park or forest park in the forest lands in the coastal dune protection zone; evaluation of admissibility of appeal in the case of infringement of the laws and regulations regarding the environment

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01.08.2016. Decision on Ancillary Complain of the Department of Administrative Cases, case No SKA-942/2016 Right to a benevolent environment also includes cultural heritage; Control of the external regulatory act in a court in the administrative procedure

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15.08.2016. Decision of the Department of Administrative Cases, case No SKA-930/2016 Subjective right to demand for an opinion of an institution and to complain on the violations of environmental law

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25.10.2016. Decision of the Department of Administrative Cases, case No SKA-824/2016 Subjective right of a private person to be heard by a court; an interference in cases concerning environment and construction

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15.04.2015. Judgement of the Department of Administrative Cases, case No SKA-429/2015 Right of a municipality to establish larger compensation for damages in case of arbitrary cutting of trees

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29.04.2015. Judgement of the Department of Administrative Cases, case No. SKA-77/2015 Application of principle of legal certainty, when deciding on prolongation of the construction permit

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05.03.2015. Judgement of the Department of Administrative Cases, case No. SKA-22/2015 Authority of the Cabinet of Ministers, when deciding on construction in the protective zone of coastal dunes in the Gulf of Riga

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23.01.2015. Judgement of the Department of Administrative Cases, case No SKA-17/2015 Discretion of municipality, when choosing waste manager; individual’s right to request announcement of procurement procedure

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02.07.2014. Decision of the Department of Administrative Cases, case No SKA-646/2014 Right of a person to pretend to limit of tools for industrial fishing, contract of rent of right to industrial fishing and  special permit (licence) for commercial activity in fishery

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12.07.2013. Decision of the Department of Administrative Cases of the Senate, case No SKA-759/2013 Subjective rights of private person to demand reduction of an excessive environmental pollution

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30.07.2013. Judgement of the Department of Administrative Cases of the Senate, case No SKA-351/2013 Admissibility of distribution of a plot located in historical centre of Riga city

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16.10.2013. Judgement of the Department of Administrative Cases of the Senate, case No SKA-191/2013 and separate opinion of senators Veronika Krumina, Dace Mita, Livija Slica and Janis Neimanis Influence of private legal relations to rule of law of decision of an institution

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25.01.2013. Judgement of the Department of Administrative Cases of the Senate, case No SKA-40/2013 Court verification of decision about building of long-term store for radioactive waste storage containers and used closed radiation sources

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01.11.2012. Judgement of the Department of Administrative Cases of the Senate, case No SKA-532/2012 Considerations, when assessing necessity of development of minute planning 

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28.04.2012. Decision of the Department of Administrative Cases of the Senate, case No SKA-424/2012 Right of a municipality to appeal against permission given by the State Environmental Service to a third person to perform pollution activities

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02.03.2012. Decision of the Department of Administrative Cases of the Senate, case No SKA-376/2012 Importance of planning of territory in ensuring road infrastructure; obligation of municipality to ensure access to real estate

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07.12.2012. Judgement of the Department of Administrative Cases of the Senate, case No SKA-220/2012 Restriction of forest management in specially protected area

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30.10.2012. Judgement of the Department of Administrative Cases of the Senate, case No SKA-139/2012 Appealing against initial environmental impact assessment in the court

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18.05.2012. Judgement of the Department of Administrative Cases of the Senate, case No SKA-95/2012 Impact of private legal relations to rule of law of institutional decision 

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23.12.2010. Decision of the Department of Administrative Cases of the Senate, case No SKA-1064/2010 Goals of performance of environmental impact assessment procedure and procedure of initial assessment of activity envisaged and substantiation of a statement; powers of institutions in case of building

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16.09.2010. Judgement of the Department of Administrative Cases of the Senate, case No SKA-580/2010 Autonomous function of a municipality to develop territorial layout, financing necessary for  development of that; decision of the Minister of Regional Development and Local Governments to dismiss the Chair of the Municipal Council due to non-acceptance of territorial layout

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09.07.2010. Judgement of the Department of Administrative Cases of the Senate, case No SKA-35/2010 Right to compensation for restrictions of economic activity in specially protected nature areas; limitation of proprietary right; just remuneration

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